Keywords
Summary

Keywords

1 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTAS - DIVISION INTO NATIONAL QUOTAS - PERMISSIBILITY - CONDITION - FREE MOVEMENT OF GOODS NOT HINDERED BY GOODS ADMITTED TO FREE CIRCULATION

( COUNCIL REGULATION NO 1699/82 , ART . 4 ( 2 ))

2.COMMUNITY LAW - INTERPRETATION - METHODS

Summary

1 . WHILE DIVISION OF A GLOBAL TARIFF QUOTA INTO NATIONAL QUOTAS MAY , IN CERTAIN CIRCUMSTANCES , BE COMPATIBLE WITH THE TREATY , THAT IS SUBJECT TO THE EXPRESS CONDITION THAT IT DOES NOT HINDER THE FREE MOVEMENT OF THE GOODS FORMING PART OF THE QUOTAS AFTER THEY HAVE BEEN ADMITTED TO FREE CIRCULATION IN THE TERRITORY OF ONE OF THE MEMBER STATES .

ARTICLE 4 ( 2 ) OF REGULATION NO 1699/82 IS IN CONFORMITY WITH THE TREATY SINCE IT DOES NOT REQUIRE THE UNITED KINGDOM TO OTHER MEMBER STATES BUT MERELY TO ENSURE THAT THE QUANTITIES IMPORTED INTO THE UNITED KINGDOM ARE LIMITED TO THOSE CORRESPONDING TO ITS DOMESTIC CONSUMPTION REQUIREMENTS .

2 . WHERE THE WORDING OF SECONDARY COMMUNITY LAW IS OPEN TO MORE THAN ONE INTERPRETATION , PREFERENCE SHOULD BE GIVEN TO THE INTERPRETATION WHICH RENDERS THE PROVISION CONSISTENT WITH THE TREATY RATHER THAN THE INTERPRETATION WHICH LEADS TO ITS BEING INCOMPATIBLE WITH THE TREATY .